Fair Work Ombudsman
At a glance
- Utility Five Pty Ltd
- $36,000
- 2
What happened
Utility Five Pty Ltd, a construction company in Perth trading as Metro Civil WA, and its sole director Brian Edward Johnson, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into the company's failure to back-pay entitlements to two former employees who worked before November 2020 and February 2021. The workers had requested assistance regarding their pay and entitlements. A Fair Work Inspector issued Compliance Notices in 2021 regarding unpaid annual leave entitlements.
What was decided
The Court imposed a $30,000 penalty on Utility Five Pty Ltd and a $6,000 penalty on Brian Edward Johnson. The company was also ordered to comply with the Compliance Notices and back-pay the affected workers. Fair Work Ombudsman Sandra Parker emphasized the consequences of failing to act on Compliance Notices. The court’s decision reinforces the Fair Work Ombudsman’s commitment to ensuring workers receive their lawful entitlements.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and the obligation to back-pay workers. Businesses should ensure they understand and meet their obligations regarding employee entitlements.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline and website provide resources for understanding workplace rights and obligations.
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